A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

The defendant is a representative director of the Bank of Korea D (hereinafter referred to as "D").

1. On September 9, 2010, the Defendant made a false statement to the victim E to the effect that “I would pay 300 million won of the company’s operating capital, i.e., loaning KRW 300 million, at the latest, after one month.”

However, the fact that the defendant's management D has deteriorated management difficulties due to continuous overseas investment due to the depression of domestic construction games, low construction performance, etc., the deterioration of management difficulties due to continuous overseas investment continued. The lack of awareness about the amount of the Corporation's reservation and cash liquidity shortage were continued. The company's liabilities against financial institutions and customers have been equal to the amount of the company's liabilities against financial institutions and customers, and the individual debt has been repaid with money to prevent it from being refunded to a hundred million won, so even if it was paid by others, there was no intention or ability to pay the money until the agreed date.

Nevertheless, the defendant deceivings the victim as above and transferred KRW 300 million to the Industrial Bank of Korea account under the name of D.

2. On August 29, 2012, the Defendant made a false statement with the victim’s phone call to the effect that “If the Defendant was under the process of implementing the Ftel construction project in the Jeonsan-gu Seoul Special Metropolitan City, and only lent KRW 30 million to solve the tax problem, all of the Defendant, including KRW 30 million, which was not repaid earlier, will be repaid until August 30, 2012, including the following KRW 30 million.”

However, the defendant had no intention or ability to pay the money by the agreed deadline, even if he received the money from others, because the financial situation has deteriorated as above.

Nevertheless, the defendant deceivings the victim as above and transferred KRW 30 million to the Agricultural Cooperative Account (H) in the name of G from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness E’s legal statement;